The Law of Damages in the International Sale: The CISG and Other International Instruments

Description

This in-depth study explores the remedy of damages in international sales transactions. Its focus is on the international contract law instruments such as the Convention on Contracts for the International Sale of Goods (CISG), the UNIDROIT Principles of International Commercial Contracts, and the Principles of European Contract Law. The issues addressed include: the basis for the right to claim damages • definition and purpose of damages • the idea of limiting damages • principles underlying the award of damages • classification of losses and heads of recoverable losses • causation • foreseeability • mitigation • standards of proving losses • methods of calculating and determining the amount of damages. The book draws on the experience of some major legal systems in dealing with contract damages, as well as on the body of cases and scholarly writings on the international instruments. In doing so, it provides a justification for the existing rules on damages, highlights the problems in their interpretation and application, and proposes solutions to the existing problems in the light of relevant policies and goals pursued by the international instruments. There is no book on the market that deals, in such detail, with damages in the international context. It will be of interest to practitioners involved in international commercial transactions, and scholars and students interested in international commercial and comparative contract law.